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(영문) 인천지방법원 2016.01.13 2015노3954
업무상배임
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (1) The files used by the Defendants as to whether a major business asset falls under the category of K’s assets, not G, and even if the files are assets of G of a domestic company, they do not constitute a general file in the relevant industry and do not constitute a major business asset.

(2) At the time of acquisition, the Defendants: (a) lawfully acquired each file recorded in the list of crimes in the separate sheet for the purpose of home-based work; and (b) there was no intention of occupational breach of trust at the time of acquisition.

(3) The transaction division between G and K arising from a separate cause irrelevant to the Defendants’ act is deemed to have occurred, and thus, the Defendants’ act caused property damage to G.

shall not be deemed to exist.

B. The punishment of the lower court against the Defendants is too unreasonable.

2. Determination

A. Defendant C and D’s judgment on the appeal was not submitted within the period for submission of a legitimate reason for appeal, and the petition of appeal does not indicate the reason for appeal, and even if the grounds for appeal were to be examined ex officio by taking into account Defendant C and D’s claims stated in the written reason for appeal submitted after the lapse of the period for submission of the written reason for appeal, the judgment of the court below cannot be reversed.

Therefore, a decision to dismiss each appeal filed by Defendant C and D pursuant to Article 361-4(1) of the Criminal Procedure Act should be made, but as long as a decision is rendered on appeal filed by Defendant A and B, a separate decision to dismiss appeal shall not be made and a decision shall be rendered together.

B. (1) On November 23, 2015, Defendant A asserted that the sentencing was unfair in the statement of reasons for appeal filed by Defendant A, but on November 25, 2015, Defendant A asserted that Defendant A’s mistake of facts and misapprehension of the legal principles as described in Paragraph A. However, the reasons for appeal filed on November 25, 2015 are with reasons for appeal.

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